First Jan 6 rioter to enter Capitol building sentenced to prison

The first rioter to enter the US Capitol on 6 January 2021 in an attempt to stop the official certification of the US presidential election has been sentenced to more than four years in prison.

Michael Sparks, 47, was convicted of civil disorder, disorderly conduct and other related charges at trial in March.

On Tuesday, US District Judge Timothy Kelly sentenced him to 53 months in prison and a $2,000 (£1,500) fine.

At his sentencing hearing, Sparks told the judge he still believes in false theories that the 2020 election was stolen from Donald Trump.

“I am an American citizen who believes to this day that we are in tyranny,” he said, according to US media reports.

“I am remorseful that what transpired that day didn’t help anybody,” he told the court. “I am remorseful that our country is in the state it’s in.”

One charge of obstructing an official proceeding against Sparks was dropped after a Supreme Court decision which limited the use of the law against Capitol rioters.

But on the other counts, Mr Kelly gave Sparks a stiffer sentence than guidelines suggested – less than two years – saying that Sparks did not fully realise the impact of his actions.

The judge told him: “I don’t really think you appreciate the full gravity of what happened that day and, quite frankly, the full seriousness of what you did.”

Sparks, wearing body armour, entered the Capitol through a smashed window and jumped to the floor shortly after 1400 local time on 6 January, after Donald Trump had addressed a nearby crowd in Washington DC.

A US Capitol police officer testified at trial that he saw Sparks enter the building but chose not to draw his weapon and fire.

Video from the Capitol showed that Sparks then joined a group that chased a Capitol Police officer up a flight of stairs, and shouted "This is our America!" He left the building about 10 minutes later.

He was arrested a few weeks after the riot.

Before traveling to Washington from his home in Cecilia, Kentucky, Sparks had written a number of messages online including "We want a civil war to be clear" and "It's time to drag them out of Congress. It's tyranny".

He wrote: “TRUMP WILL BE YOUR PRESIDENT 4 more years in JESUS NAME. No need to reply to this just be ready for a lot of big events. Have radios for power loss etc. Love every body”.

His lawyers had asked for one year of house arrest and argued that Sparks, despite entering the Capitol first, was not a ringleader of the movement, but instead got swept up in events.

Prosecutors asked for a sentence of 57 months in prison.

“One might say Sparks helped light the fire that day, using his preparation and planning - including his protective body armor - to steel himself against the officers attempting to hold back the mob,” the prosecution team wrote in a pre-sentencing memo.

The investigation into the Capitol riot continues as authorities arrest and prosecute more participants. On Monday, a Utah man was arrested and charged with obstructing law enforcement, a felony, and a range of misdemeanour charges.

Hal Ray Huddleston, 66, is accused of fighting with police and using a flagpole to push against police lines.

Nearly 1,500 people have been charged in connection with the riot. Nearly 900 have pleaded guilty to various crimes, and more than 180 have been convicted at trial, according to the latest US justice department figures released earlier this month.

Trump has promised to pardon some or all of the rioters, whom he has called "hostages" and "political prisoners", but has not given details about who he would release or the criteria he would use.